ANKUSH DESU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are being disposed of by this common judgment inasmuch as they arise out of same judgment rendered by learned Adhoc Assistant Sessions Judge, Udgir, bearing Sessions Case No.23/2000 (old) / S.C.No.74/2001 (new). By the impugned judgment, the appellants, named above, alongwith original accused No.l have been convicted for offence punishable U/s 395 of the I.P.C. and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.10,000/-, (Rupees Ten thousand) each in default to suffer rigorous imprisonment for two years. They were also convicted for offence punishable U/s 376(2)(g) of the I.P.C. and are sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.10,000/-, each in default to undergo rigorous imprisonment for two years. They were further directed to pay compensation of Rs.10,000/- each to the prosecutrix U/s 357(3) of the Cr.P.C. and, in default thereof, to suffer rigorous imprisonment for a period of one year. The substantive sentences were directed to run concurrently.

(2.) The background facts, in nutshell, are as follows :

(3.) Avinash Raichurkar (P.W.6) runs his sarafi shop at sarafi lane, Udgir, and was President of Sarafa Association at the relevant time. In the morning of December 7th, 1999 he was informed by sons of Patil, who hails from nearby village Somnathpur, about the incident which occurred in the earlier evening. So, he visited house of Praloy in the same morning and enquired whether such information was true as Avinash gave moral support to them and asked Praloy Ghosh to inform the incident to the Police. The latter mustered courage and went to the Police Station. He lodged F.I.R. in writing. The Police registered crime and commenced the investigation. The prosecutrix was sent for clinical examination. A spot panchanama was drawn on 7.12.1999 wherefrom a torn piece of blouse, a chappal and bangle pieces were collected. The prosecutrix produced underwear, her torn blouse of saffron colour and petticoat of red colour. The clothes were attached under a seizure panchanama. The accused were arrested by the Police. An identification parade was conducted by Naib-Tahsildar-cum -Executive Magistrate in which the appellants were identified by Praloy Ghosh, Milon Ghosh, the prosecutrix and other witnesses. The wrist watches and gold ornaments were recovered at the instance of the appellants. On the basis of the material gathered during the investigation, original accused No.l Ankush Pawar and the above appellants were charge-sheeted for offences of gang rape and dacoity.